Electrical Industry Service Bureau, Inc. et al v. Barri Electric Company, Inc. et al

Filing 25

ORDER STAYING JUDGMENT AND SETTING HEARING re 22 Objection, filed by Barri Electric Company, Inc. Further Case Management Conference set for 1/12/2016 09:30 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Alsup on 1/7/16. (whalc1, COURT STAFF) (Filed on 1/7/2016)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 ELECTRICAL INDUSTRY SERVICE BUREAU, INC., et al., 12 Plaintiffs, 13 No. C 15-03131 WHA v. 15 BARRI ELECTRIC COMPANY, INC., a California corporation, ERNEST ULIBARRI, an individual, 16 Defendants. 14 ORDER STAYING JUDGMENT AND SETTING HEARING / 17 18 On November 17, the Court entered an order granting the parties’ stipulation of 19 contingent dismissal (Dkt. No. 18). The parties represented that they had settled their dispute 20 and that the settlement agreement provided that “if any party alleges that the settlement 21 agreement has been breached, the alleging party may reopen this matter at any time” (Dkt. No. 22 13). The parties further represented that the case could be reopened “solely for the purpose of 23 entering and enforcing the stipulated judgment” (Dkt. No. 17). 24 The parties dismissed their case, the merits of the case are gone. Plaintiffs filed a 25 stipulated judgment, which the Court entered (Dkt. No. 20). Defendants now contend they did 26 not concur in the filing of that stipulated judgment, inasmuch as it does not reflect the amount 27 due under the settlement agreement (Dkt. No. 22). Any dispute relating to the settlement 28 agreement (which the Court had not seen until defendants filed their objection), should be litigated in state court as a claim for breach of the settlement agreement. 1 This order hereby STAYS the effectiveness of the stipulated judgment until TUESDAY 2 JANUARY 12, AT 9:30 A.M., when the parties shall appear for a further case management 3 conference. The parties should come prepared to explain why the stipulated judgment should 4 not be entered. 5 6 IT IS SO ORDERED. 7 8 Dated: January 7, 2016. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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